ConCourt rules in University of Zululand case

2013-12-05 16:36
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Constitutional Court dismissed an application on Thursday by a researcher who sought an order stating that he was employed by the University of Zululand in 2008.

 applied for leave to appeal against a decision by the Labour Appeal Court, which found that the university was not his employer during June 2008, and was therefore not obliged to pay his salary.

In 1984, Mbatha was employed by the university as a researcher in the isiZulu dictionary project. From June 2008, Mbatha's salary was not paid.

He filed an application in the Labour Court to compel the university to pay his salary, arguing that his employment had not been terminated.

The university contended that Mbatha’s employment had been taken over by Isikhungo Sesichazamazwi SesiZulu (ISS), in terms of a tripartite agreement between the university, ISS, and the Pan SA Language Board (PanSALB).

Mbatha was also appointed as the CEO of ISS.

The Labour Court and Labour Appeal Court found Mbatha could not claim payment of a salary from the university because he was no longer an employee.

This was because his contract had been validly transferred to ISS in terms of the tripartite agreement, and with Mbatha’s consent.

The Constitutional Court denied him leave to appeal as the matter did not raise a constitutional issue.

Read more on:    johannesburg  |  education

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.